A incidência do princípio da proteção no campo probatório trabalhista

Abstract

This study aims to analyze critically the doctrinal and jurisprudential positions on the possibility of applying the principle of protection in the labor process, especially in the examination and assessment of the evidence, using for this purpose, the inductive method and literature and jurisprudence on the subject. It is noted that the vast divergence in the jurisprudence and doctrine regarding the Principle of Protection refers to one of its sides, which states that in cases of doubt in the interpretation of a rule should always decide in favor of the employer. Part of the doctrine defends the applicability of this principle to the labor process under the argument that the principle of the protection which unfolds the principle in dubio pro operario basic guideline is the creation of the Labour Law. However, the current majority, and for us, the right one, argues the inapplicability of this principle to the sphere procedural labor, since this application offends the Principle of Equality, the question must be analyzed through the prism of the theory of the burden of proof.